MONTGOMERY, Alabama -- U.S. District Judge Mark Fuller challenged a lawyer for former Gov. Siegelman this morning to show how the former governor had accepted responsibility for his crime, and Fuller said he had no doubt that Siegelman had taken a bribe.

"The facts of this case for years have been misrepresented. There is no doubt in this court's mind that what took place was a bribe," Fuller said

A federal jury in 2006 convicted Siegelman of federal funds bribery on allegations that he sold a seat on a hospital regulatory board to former HealthSouth CEO Richard Scrushy in exchange for $500,000 in donations to Siegelman's 1999 referendum campaign to establish a state lottery.

Siegelman served nine months of an 88-month sentence before being released in March 2008 on an appeal bond. A federal appeals court tossed out two of the charges against him, which prompted today's resentencing.

Siegelman's post-conviction behavior came into focus this morning during his resentencing hearing as lawyers argued whether Siegelman deserved a sentence break for accepting responsibility or an enhancement for not doing so.

Siegelman has maintained that he committed no crime and that if he could be prosecuted for appointing a contributor so could every other politician in the country.

Siegelman lawyer Susan James said Siegelman has not disputed the facts of the case but whether those facts constituted bribery. "He has exercised his constitutional right to challenge the law," James said.

James said the case raised legitimate issues about whether there is a clear line between donation and bribe and what level of proof is needed to show that a politician committed bribery when he takes action that helps a contributor.

"There are a lot of legal scholars, people a lot brighter than me, that think that issue needs to be put to rest," James said.

Fuller said he had no doubt what transpired was bribery.

Fuller recapped some of the trial testimony including that Siegelman told a HealthSouth lobbyist that Scrushy needed to give the lottery campaign $500,000 to "make it right" after giving Siegelman's 1998 opponent $350,000.

Fuller said Siegelman told an aide that Scrushy wanted "the CON board" after the aide asked what Scrushy wanted for the donation. He also recapped other testimony including how Scrushy scrambled to get the donation and that Siegelman later failed to report it.

Fuller said he was also granting an upward departure prosecutors wanted after finding that Siegelman engaged in "systemic" corruption when he was governor and lieutenant governor.

Siegelman entered the courthouse this morning flanked by his family and lawyers. Siegelman appeared composed as he came into the courthouse, but appeared nervous and cleared his throat as he addressed the court briefly about his presentencing report.

Siegelman is expected to make a statement to the court later in the day.

James in a court filing said Siegelman, once the state's most powerful politician, had already been humiliated and punished. James urged U.S. District Judge Mark Fuller to consider an alternative sentence such as community service or a lengthy probation.

Prosecutors plan to ask that the original 88-month sentence be imposed, according to a court filing.

Scrushy, who was not released, has completed his sentence and is living at home in Texas. Fuller cut a year from Scrushy's sentence after the same two counts were tossed against him.